THE incumbent government could remain in control for up to two years after the next election if voters give no party a clear mandate, the chief constitution drafter said yesterday.

With a debate continuing on whether senators should be allowed to nominate the next prime minister, Meechai Ruchupan, chairman of the Constitution Drafting Commission (CDC), said that while a deadlock would be unlikely, the hypothetical outcome could be resolved.

“A natural solution is for the government of General Prayut Chan-o-cha to continue serving until a new administration is formed. If the first Parliament fails to reach agreement, the current government will stay on,” Meechai said.

However, he added that a new government’s term in office would begin from election day.

“If the new government can be formed two years after the election, they will serve for the remaining two years only (of a four year term).

“That’s why politicians have to reach agreement as soon as possible,” Meechai said.

Meechai’s remark came as National Legislative Assembly (NLA) president Pornpetch Wichitcholchai said yesterday that selected senators should be able to nominate as well as vote to select a new prime minister.

The chief charter writer said yesterday that the CDC would consider the proposal.

“It is the CDC’s responsibility. It is us who has to explain to the Constitutional Court” as to why the amendment is written a certain way, he said. “Whether the CDC wants it that way or not, we have to adhere to the additional question literally.”

Meechai said that if the NLA wanted senators to nominate a prime minister, they should have stated so in their additional referendum question.

“We have gone past that point already,” he said.

Pornpetch said yesterday that the additional referendum question asked voters if they would allow senators to “take part” in the process of approving new prime minister.

He said this referred to senators voting and nominating candidates.

“The process of approval is not limited to just voting to approve or not,” Pornpetch told an unscheduled press conference at Parliament.

Pornpetch, who is a former a Supreme Court judge, compared the process to a court trial where a judge hears witnesses and also makes a verdict.

Pornpetch said the CDC should avoid possible deadlocks when amending the draft charter, following the August 7 referendum.

The additional question in the referendum asked voters whether they would allow senators to vote with MPs in the selection of a PM for five years after the first Parliament convenes.

The CDC has 30 days to complete the amendment.

Meanwhile, Deputy Premier and Defence Minister Prawit Wongsuwan said yesterday he did not think |senators should be allowed to nominate a prime minister, as the draft charter would require that candidates come from lists submitted by political parties.

However, Prawit agreed that if MPs are unable to nominate their candidates, senators should be allowed to nominate a non-MP to become prime minister.